1. (1) All referral agents must have a written disclosure and shall provide it to the client for every program the client is referred.
2. (2) The referral agent’s disclosure must be submitted, approved by the Department, and maintained in the referral agent's file with the Department. To amend a disclosure, a referral agent must file all amended documents and new material with the Department for review and approval before providing to a client.

3. (3) DISCLOSURE REQUIREMENTS

   1. (a) The written disclosure must be provided to the client at the same time the client is offered information, referral information or recommendation regarding a program. The written disclosure must be conspicuous, provided in clear language and include a description of the program referral to be provided by the referral agent. The written disclosure must include:

      1. (A) The names of all agencies that license the program and the type of licenses the program currently holds;
      2. (B) All licensing actions taken against the program or its parent company in the prior 24 months, based on direct inquiry with each entity that licenses the program;
      3. (C) The number of substantiated allegations of abuse, deaths and/or serious injuries at the agency in the prior 24 months, based on direct inquiry with each entity that licenses the agency or investigates abuse at the agency;
      4. (D) The program’s restraint, seclusion, and behavioral management policy;
      5. (E) Names, titles, and educational background of the leadership team of the program;
      6. (F) Day and nighttime ratios of staff to person(s) under 18 of the program;
      7. (G) Whether the program serves youth offenders;
      8. (H) Names, titles, and educational background of all health care program providers who are employees of the program.
      9. (I) If the program advertises treatment services, whether the program is regulated as a behavioral health center by its state’s health authority;

   2. (b) A description of the relationship between the referral agent and the program including:

      1. (A) A statement of whether the referral agent provides program referrals only to programs with which the agent has an existing contract, and the length of any contract(s).
      2. (B) A disclosure of all sources of fees, compensation, or consideration the referral agent may receive in exchange for making the program referral

   3. (c) A description of the referral agent’s qualifications and business practices, including:

      1. (A) The referral agent’s contact information, including address and telephone number.
      2. (B) The referral agent’s educational background and qualifications.
      3. (C) The referral agent’s privacy policy.
   4. (d) The date of the referral agent’s last visit to every program and whether the visit was in person or a virtual tour as permitted under OAR 419-300-0100 (5).
   5. (e) A disclosure that the referral agent is registered by the Department and all referral documentation is subject to review by the Department.
   6. (f) Referrals made by a referral agent to a Secure Transportation Services Provider must include the following disclosure: ORS 418.215 requires a secure transportation services provider that transports children to or from a school, agency, organization or program along a route that begins or ends in Oregon to be licensed by the Department of Human Services.
4. (4) The referral agent must maintain records documenting the provision of the disclosure to the client for a duration prescribed in OAR 419-300-0080.
5. (5) To amend a disclosure, a referral agent must file all amended documents and new material with the Department for review and approval.

Statutory/Other Authority

ORS 409.050, ORS 419B.005 - 419B.050 & ORS 418.351 - 418.357

Statutes/Other Implemented

ORS 409.050

History

OTIS 1-2025, amend filed 01/27/2025, effective 02/01/2025
OTIS 4-2024, minor correction filed 03/01/2024, effective 03/01/2024
DHS 7-2024, renumbered from 407-049-0030, filed 03/01/2024, effective 03/01/2024
DHS 8-2022, adopt filed 04/05/2022, effective 04/05/2022
DHS 22-2021, temporary adopt filed 10/08/2021, effective 10/08/2021 through 04/05/2022